Throwing out preclearance when it has worked and is continuing to work to stop discriminatory changes is like throwing away your umbrella in a rainstorm because you are not getting wet.
So there isn’t a lot of data about its effect. And it may turn out to be a—a good thing; it may turn out not to be a good thing, as the supporters of Proposition 8 apparently believe.
But you want us to step in and render a decision based on an assessment of the effects of this institution which is newer than cell phones or the Internet? I mean we — we are not — we do not have the ability to see the future.
Justice Alito on gay marriage.
Justice Antonin Scalia is in hot water after comparing laws against homosexuality to laws against murder (which he later walked back). But this isn’t the first time he’s sparked controversy on the subject.
Back in 2004, Scalia was participating in a panel discussion at NYU Law School when the subject of his famously scathing dissent in Lawrence v. Texas, a case about laws criminalizing sodomy (Scalia wrote in dissent, i.e. for keeping anti-sodomy laws legal) came up.
When the time came for audience questions, a student named Eric Berndt stood up in the packed auditorium and pressed Scalia to explain his dissent, particularly his opinion as to whether it was constitutional for the government to peer into the bedrooms of consenting adults and punish them for what goes on in there. When Scalia did not answer to the student’s satisfaction, Berndt asked him, “Do you sodomize your wife?”
(Photo: Jessica Hill / AP Photo)
For decades, the Supreme Court has refused to televise its proceedings, arguing that video cameras would be distracting, encourage grandstanding by justices, and allow snippets of argument to be taken out of context by a voracious news media.
It doesn’t look like there will be cameras in the Supreme Court any time soon. Which is good if you like the drawings I guess.
Citing precedents would have required Verrilli to admit that ‘Yes, Virginia (and Florida), there is a government power to make us buy broccoli.’
(Photo via @danielwein)
Frontpage: Tuesday, Mar 27th
- Syria Accepts U.N. Peace Plan: International envoy Kofi Annan said Tuesday that Syria has accepted a U.N. ceasefire proposal, but that much remains to be done to implement the plan. “I indicated that I had received a response from the Syrian government and will be making it public today, which is positive, and we hope to work with them to translate it into action,” Annan told reporters in Beijing.
- Kennedy: Gov’t Has ‘Heavy Burden’: In the second day of oral arguments in the Supreme Court’s Obamacare case, Justice Anthony Kennedy told lawyers defending the law that the government as a “heavy burden of justification” to prove that the government can require citizens to purchase a service.
- Al Jazeera Has Video of Shootings: Al Jazeera said on Monday that it had received video footage that appears to be of last week’s deadly attacks on a military base and a Jewish school in Toulouse.
- North Korea Still Plans Missile Test: North Korea plans to roll the dice with its missile launch next month, despite stern warnings from President Obama and the international community to abandon the idea.
- Photo: Protesters demonstrating against the Affordable Care Act outside the Supreme Court on Monday, as the court begins hearing arguments against the law’s constitutionality. (Jacquelyn Martin / AP Photo)
Most of them will not be prisoners with medical conditions or severe mental illness, and many will undoubtedly be fine physical specimens who have developed intimidating muscles pumping iron in the prison gym.
Justice Antonin Scalia dissenting on the Supreme Court ruling to relieve prison overcrowding in California, which may lead to the early release of inmates.
h/t New York Times